Allahabad High Court
Johra Begum vs State Of U.P. Thru. Secy. Basic ... on 19 March, 2021
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- SERVICE SINGLE No. - 5341 of 2021 Petitioner :- Johra Begum Respondent :- State Of U.P. Thru. Secy. Basic Education,Lko.& Ors. Counsel for Petitioner :- M.K. Singh Bhardwaj,Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Ghaus Beg Hon'ble Rajan Roy,J.
Heard.
The petitioner's husband is no more. She seeks gratuity which was payable to him in view of U.P. School and College Teachers Gratuity Fund Rules, 1964 as also the Government Order dated 23.11.1994.
Shri Ghaus Beg admits the fact that the G.O. dated 23.11.1994 relating to payment of gratuity to teachers of basic schools is referable to Section 13 of Basic Education Act, 1972 which has been promulgated subsequent to the Rules of 1964 and is more beneficial. As regards the requirement of option in the said Government Order the counsel for the petitioner relies upon a Division Bench judgement in the case of Smt. Ranjana Kakkar Vs. State of U.P. and ors. reported in 2008(10) ADJ 63 wherein it has been held that if death of a person is on account of unforeseen circumstances which could not be predicted, it cannot be presumed that the employee would have chosen to retire at particular age much prior in time than the contingency of achieving the age of retirement, therefore, the requirement of option would not apply in such a case. The said decision has been followed in subsequent decisions in the case of Smt. Angoori Devi Vs. Regional Joint Director of Education, Agra Region & Others 2012 (1) LCD 674 and several other cases.
Shri Ghaus Beg could not dispute this legal position.
In view of the above, the opposite party Nos.5 and 6 are directed to consider the claim of the petitioner for gratuity aforesaid and pass reasoned order in accordance with law within a period of 6 weeks from the date a certified copy of this order is submitted before them. The claim shall not be rejected on the ground that the petitioner's husband had not exercised his option under the Government Order dated 23.11.1994.
The petition is disposed of in view of the aforesaid terms.
Order Date :- 19.3.2021 SK/-